Parking Eye

[Akdulai]

I received a parking charge notice dated 16.6.13 for going over my time in their car park, which was free for the first two hours. I think I was over by only a few minutes no more than half hr which would have cost me under £2 to park there for that extra half hr. The latest letter I received in relation to this matter is from Debt Recovery Plus (DRP) dated 20.2.15 notice of intended enforcement - unpaid county court judgment £215. They have stated that if I do not pay £215 then they will advise parking eye to apply for a warrant of control to instruct an enforcement agent (bailiff) to collect payment from me. Can u please advise me on the same and what my rights are and whether they can recover the money? I have drafted a letter to them asking them to give me my day in court asking them to demonstrate that there was a contract, that they are entitled to receive the money (£215), that it isn't a penalty and finally that what they have asked for is a genuine pre-estimated loss. I haven't sent the letter yet, I have been informed by DRP that I have until the 6.3.15 to pay it. Please advise. Many thanks.

[ostell]

Re: Parking Eye

Looks like you may have missed your day in court. PE have possibly got a default judgement against you. Can you remember any court forms arriving at your registered address? Have you changed your address since the 16/6/13?

It would help to post up the letter, with the personal details blanked out.

[Akdulai]

Re: Parking Eye

I ignored all letters as I was advised to.

[ostell]

Re: Parking Eye

Ignore is the wrong advice since 2012. You have possibly ignored a claim from the county court in Northampton. The court case went ahead without you as you didn't respond and so you now have a CCJ against you. It is possible to get a court judgement set aside but you need a good reason to be successful. Ignoring is not a good reason.

Best advice would be to pay before the costs go even higher, possibly even doubling the amount.

[Akdulai]

Re: Parking Eye

I didn't receive a letter stating that they were going to take the matter to Court to get a CCJ against me. I only received two letters from Parking Eye, which I ignored as advised to. The next I heard regarding the matter was recently from DRP dated 20.2.15, over a year and a half later. Please advise. Many thanks.

[Akdulai]

Re: Parking Eye

No Court papers arrived at my address.

[Akdulai]

Re: Parking Eye

_{can u advise if I have any grounds to set the judgment aside, if so, how do I go about doing this? Many thanks.}

[ostell]

Re: Parking Eye

The grounds to set the judgement aside would be that you did not receive the papers from the court and therefore could not respond. Difficult as not only would you have the original claim form but you should also have received a judgement form. You will also need to have a good defence against their claim. Find out from the court the details of the claim, if it had your correct address on it. Could be a paper work error.

Cost to set the judgement aside is, I believe, £155, unless you are in receipt of certain benefits.

[dan_1207]

Re: Parking Eye

A main factor in making an application is to act quickly, which would not appear to be the case here. We can help you have the judgment removed, but you will need to pay the judgment amount first.

Call the Court and say you've been told that there's a judgment against you but you have no record of this - give them your name and address, and ask them for the date of the judgment, and amount.

[Akdulai]

Re: Parking Eye

Is it true that parking eye cannot recover solicitors costs etc when it comes to having obtained a judgment against me? The £215, if this includes solicitors costs (which I will find out once I call them on Monday) can I only pay amount minus any legal costs they may be claiming?

[Akdulai]

Re: Parking Eye

I mention solicitors costs because it's a small claims court matter and I read that no legal costs can be claimed. Is this true?

[mystery1]

Re: Parking Eye

http://www.legalbeagles.info/forums/...lication-notes

https://consumercreditlitigationandd...nts-in-person/

http://www.justice.gov.uk/courts/pro...l/rules/part13

http://nebula.wsimg.com/de2566ded6f0...&alloworigin=1 This shows you have strong grounds to argue at trial.


1st you need to find out via the court what went wrong that you didn't get any paperwork. If the address is wrong then use the above links and phone parking eye to see if they will consent to a set aside. (it's £105 cheaper at £50 if consented)

M1

[dan_1207]

Re: Parking Eye

Is it true that parking eye cannot recover solicitors costs etc when it comes to having obtained a judgment against me? The £215, if this includes solicitors costs (which I will find out once I call them on Monday) can I only pay amount minus any legal costs they may be claiming?

A successful claimant in a small claims hearing may recover fixed costs (which are often the court fee and fixed solicitor's costs on issue.)

Parkingeye will doubtless ask that you pay the full judgment amount before they will sign a consent form. If you're happy with this and pay, you'll have to cough up a further £50.00 and file a consent order (I can draft this for you.)

If you're not happy to pay, and instead wish to make an application to have the judgment set aside, it will cost you £155.00 (unless you're entitled to remission: https://www.justice.gov.uk/courts/fees). I'm happy to help you draft the application to have the judgment set aside.

There's no need to consider your defence yet, as the court will consider the merits of your application and, if successful, will issue directions to include when to file your defence. Again, we can help you with this.

There's no need to worry, we're here to help you win

[Akdulai]

Re: Parking Eye

I found out that I have a cc judgment against me for £165, I had to pay £4 to do the search online. Can anyone tell me if I can just pay the £165 and not the £215 requested by debt recovery us (DRP)? I read that legal costs cannot be claimed by the company, does this include instructing the DRP company too? It's going to cost me £155 to put an application in to request the judgment to be set aside as I am arguing that I never received notification that the matter had gone to the County Court to obtain a judgment against me for failure to pay the I initial fine. Many thanks.

[dan_1207]

Re: Parking Eye

I found out that I have a cc judgment against me for £165, I had to pay £4 to do the search online. Can anyone tell me if I can just pay the £165 and not the £215 requested by debt recovery us (DRP)? I read that legal costs cannot be claimed by the company, does this include instructing the DRP company too? It's going to cost me £155 to put an application in to request the judgment to be set aside as I am arguing that I never received notification that the matter had gone to the County Court to obtain a judgment against me for failure to pay the I initial fine. Many thanks.

The CCJ is for £165.00? In that case, you can either pay the Claimant the CCJ amount only (i.e. £165.00) plus the cost of filing a consent order (£50) - total paid, £215.00 - guarantee of CCJ removed 100%

Or, you file an application form to the Court and pay the fee of £155.00. Provided this is accepted, you will be entitled to enter a defence and the matter will proceed along the small claims track, where you will need to file a few other types of statements / evidence.

Ultimately, this is your choice to make, but whichever choice you make, we're here to help.